(A) If an account becomes delinquent as provided in Section 6-4-210 of this Chapter, the City Treasurer shall notify the owner of the premises to which such water or sewer service was furnished or his legally authorized agent, in writing of such delinquency and if such water or sewer bill is not paid in full within ten (10) days thereafter, water service shall be discontinued. In addition to the requirements under subsection (D) of this Section, written notification of shutoff shall be placed on the door knob, latch or other conspicuous location at the serviced premises on the same day as mailed.
(B) An owner is entitled to an administrative pretermination of service hearing, unless the subject of the dispute has already been reviewed and a decision issued under the procedures set forth in Section 6-4-240 of this Chapter.
1. In the event an owner desires a pretermination administrative hearing, the owner or his legally authorized agent, within the ten (10) days described in subsection (A) of this Section, must mail or hand deliver to the City Treasurer, a written request for such hearing, stating as completely as possible the basis for the dispute.
2. Within five (5) days after receipt of a request, the City Treasurer shall schedule a hearing before the City Manager or the City Treasurer, to be held within twenty (20) days after such receipt. At the hearing, the owner or his legally authorized agent may be represented by counsel and may present evidence relevant to the dispute, including witness testimony, which if presented shall be tape-recorded.
3. The City shall keep a written record of the hearing. A written decision based upon the record shall be rendered within five (5) days after the hearing and the owner shall be notified thereof. In the event an administrative decision cannot be made at such hearing because of unusual facts or circumstances, within a reasonable time the City Treasurer shall bring the matter before City Council in the manner set forth in subsection (E) of this Section.
(C) Water service shall not be discontinued pending such hearing. In the event of a decision requiring payment of such bill or any portion thereof, the same must be paid within seven (7) days after service or mailing of notice of such decision to the owner or his legally authorized agent, or water service shall be discontinued. Even if a decision requiring payment is appealed to the City Council pursuant to subsection (E) of this Section, unless payment is made in accordance with the decision, water service shall be discontinued after said seven (7) days.
(D) All notices required hereunder shall be in writing and shall be to the mailing address for billings and notifications as indicated on the executed utility service contract or personally served upon the owner of such premises or his legally authorized agent. Service shall be deemed complete upon date of service or mailing.
(E) The owner of the premises involved shall have the right to appeal to the City Council any adverse administrative decision by the City Manager or City Treasurer.
1. In the event such appeal is desired, the owner of the premises or his legally authorized agent must notify the City Treasurer in writing of such desire within thirty (30) days after a decision is issued by the City Manager or the City Treasurer. Within five (5) days after receipt of such notification, the City Treasurer shall schedule the matter as an agenda item to be considered at a regular meeting of the City Council held within a reasonable time after said receipt.
2. The City Treasurer shall forward a copy of the written record and make available any tape recording of witness testimony to the City Council. The City Council shall make its decision based upon the record developed before the City Manager or City Treasurer; provided, however, the City Council may allow additional evidence to be produced if it finds such evidence was not presented at the earlier hearing for good cause.
(F) The owner of the premises involved shall have the right to appeal to the District Court from any adverse decision of the City Council. Each owner of premises receiving utility service agrees as a condition of receiving such service to waive any right to appear in District Court to settle a dispute arising from such service unless he first complies with the administrative procedure set forth herein.
(G) A copy of this Section shall accompany each notice of delinquency in payment for water service given under the provisions of this Section. (Ord. 729, 3-25-1999)